Part 285 - Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf  


Subpart A - General Provisions
§ 285.100 - Authority.
§ 285.101 - What is the purpose of this part?
§ 285.102 - What are BSEE's responsibilities under this part?
§ 285.103 - When may BSEE prescribe or approve departures from the regulations in this part?
§ 285.104 - [Reserved]
§ 285.105 - What are my responsibilities under this part?
§ 285.106 - Who can hold a lease or grant under this part?
§ 285.107 - How do I show that I am qualified to be a lessee or grant holder?
§ 285.108 - When must I notify MMS if an action has been filed alleging that I am insolvent or bankrupt?
§ 285.109 - When must I notify MMS of mergers, name changes, or changes of business form?
§ 285.110 - How do I submit applications, reports, or notices required by this part?
§ 285.111 - When and how does BSEE charge me processing fees on a case-by-case basis?
§ 285.112 - Definitions.
§ 285.113 - How will data and information obtained by BSEE under this part be disclosed to the public?
§ 285.114 - Paperwork Reduction Act statements—information collection.
§ 285.115 - Documents incorporated by reference.
§ 285.116 - Requests for information on the state of the offshore renewable energy industry.
§ 285.117 - Severability.
§ 285.118 - What are my appeal rights?
§§ 285.106--285.109 - [Reserved]
Subpart B - Issuance of OCS Renewable Energy Leases
Competitive Lease Award Process
§ 285.220 - What auction format may MMS use in a lease sale?
§ 285.221 - What bidding systems may MMS use for commercial leases and limited leases?
§ 285.222 - What does MMS do with my bid?
§ 285.223 - What does MMS do if there is a tie for the highest bid?
§ 285.224 - What happens if MMS accepts my bid?
§ 285.225 - What happens if my bid is rejected, and what are my appeal rights?
§§ 285.226--285.229 - [Reserved]
Competitive Lease Process
§ 285.210 - How does MMS initiate the competitive leasing process?
§ 285.211 - What is the process for competitive issuance of leases?
§ 285.212 - What is the process MMS will follow if there is reason to believe that competitors have withdrawn before the Final Sale Notice is issued?
§ 285.213 - What must I submit in response to a Request for Interest or a Call for Information and Nominations?
§ 285.214 - What will MMS do with information from the Requests for Information or Calls for Information and Nominations?
§ 285.215 - What areas will MMS offer in a lease sale?
§ 285.216 - What information will MMS publish in the Proposed Sale Notice and Final Sale Notice?
§§ 285.217--285.219 - [Reserved]
General Lease Information
§ 285.200 - What rights are granted with a lease issued under this part?
§ 285.201 - How will MMS issue leases?
§ 285.202 - What types of leases will MMS issue?
§ 285.203 - With whom will MMS consult before issuance of a lease?
§ 285.204 - What areas are available for leasing consideration?
§ 285.205 - How will leases be mapped?
§ 285.206 - What is the lease size?
§§ 285.207--285.209 - [Reserved]
Noncompetitive Lease Award Process
§ 285.230 - May I request a lease if there is no Call?
§ 285.231 - How will BOEMRE process my unsolicited request for a noncompetitive lease?
§ 285.232 - May I acquire a lease noncompetitively after responding to a Request for Interest or Call for Information and Nominations under 285.213?
§§ 285.233--285.234 - [Reserved]
Commercial and Limited Lease Terms
§ 285.235 - If I have a commercial lease, how long will my lease remain in effect?
§ 285.236 - If I have a limited lease, how long will my lease remain in effect?
§ 285.237 - What is the effective date of a lease?
§ 285.238 - Are there any other renewable energy research activities that will be allowed on the OCS?
Subpart C - Rights-of-Way Grants and Rights-of-Use and Easement Grants for Renewable Energy Activities
Obtaining ROW Grants and RUE Grants
§ 285.305 - How do I request an ROW grant or RUE grant?
§ 285.306 - What action will MMS take on my request?
§ 285.307 - How will MMS determine whether competitive interest exists for ROW grants and RUE grants?
§ 285.308 - How will MMS conduct an auction for ROW grants and RUE grants?
§ 285.309 - When will MMS issue a noncompetitive ROW grant or RUE grant?
§ 285.310 - What is the effective date of an ROW grant or RUE grant?
§§ 285.311--285.314 - [Reserved]
ROW Grants and RUE Grants
§ 285.300 - What types of activities are authorized by ROW grants and RUE grants issued under this part?
§ 285.301 - What do ROW grants and RUE grants include?
§ 285.302 - What are the general requirements for ROW grant and RUE grant holders?
§ 285.303 - How long will my ROW grant or RUE grant remain in effect?
§ 285.304 - [Reserved]
Financial Requirements for ROW Grants and RUE Grants
§ 285.315 - What deposits are required for a competitive ROW grant or RUE grant?
§ 285.316 - What payments are required for ROW grants or RUE grants?
Subpart D - Lease and Grant Administration
Lease or Grant Termination
§ 285.432 - When does my lease or grant terminate?
§ 285.433 - What must I do after my lease or grant terminates?
§ 285.434 - [Reserved]
§ %C2%A7 285.434-285.436 - 285.434-285.436 [Reserved]
Lease or Grant Contraction
§ 285.436 - Can MMS require lease or grant contraction?
Responsibility for Fulfilling Obligations
§ 285.406 - Who is responsible for fulfilling lease and grant obligations?
§§ 285.407--285.414 - [Reserved]
Lease or Grant Assignment
§ 285.408 - May I assign my lease or grant interest?
§ 285.409 - How do I request approval of a lease or grant assignment?
§ 285.410 - How does an assignment affect the assignor's liability?
§ 285.411 - How does an assignment affect the assignee's liability?
§§ 285.412--285.414 - [Reserved]
Lease or Grant Relinquishment
§ 285.435 - How can I relinquish a lease or a grant or parts of a lease or grant?
Lease or Grant Cancellation
§ 285.437 - When can my lease or grant be canceled?
Noncompliance and Cessation Orders
§ 285.400 - What happens if I fail to comply with this part?
§ 285.401 - When may BSEE issue a cessation order?
§ 285.402 - What is the effect of a cessation order?
§§ 285.403--285.404 - [Reserved]
§§ 285.403--285.405 - [Reserved]
Lease or Grant Suspension
§ 285.415 - What is a lease or grant suspension?
§ 285.416 - [Reserved]
§ 285.417 - When may BSEE order a suspension?
§ 285.418 - How will BSEE issue a suspension?
§ 285.419 - What are my immediate responsibilities if I receive a suspension order?
§ 285.420 - What effect does a suspension order have on my payments?
§ 285.421 - How long will a suspension be in effect?
§§ 285.422--285.424 - [Reserved]
§ 285.422-285.432 - [Reserved]
Lease or Grant Renewal
§ 285.425 - May I obtain a renewal of my lease or grant before it terminates?
§ 285.426 - When must I submit my request for renewal?
§ 285.427 - How long is a renewal?
§ 285.428 - What effect does applying for a renewal have on my activities and payments?
§ 285.429 - What criteria will MMS consider in deciding whether to renew a lease or grant?
§§ 285.430--285.431 - [Reserved]
Designation of Operator
§ 285.405 - How do I designate an operator?
§ 285.407 - [Reserved]
Subpart E - Payments and Financial Assurance Requirements
Changes in Financial Assurance
§ 285.530 - What must I do if my financial assurance lapses?
§ 285.531 - What happens if the value of my financial assurance is reduced?
§ 285.532 - What happens if my surety wants to terminate the period of liability of my bond?
§ 285.533 - How does my surety obtain cancellation of my bond?
§ 285.534 - When may MMS cancel my bond?
§ 285.535 - Why might MMS call for forfeiture of my bond?
§ 285.536 - How will I be notified of a call for forfeiture?
§ 285.537 - How will MMS proceed once my bond or other security is forfeited?
§§ 285.538--285.539 - [Reserved]
Requirements for Financial Assurance Instruments
§ 285.525 - What general requirements must a financial assurance instrument meet?
§ 285.526 - What instruments other than a surety bond may I use to meet the financial assurance requirement?
§ 285.527 - May I demonstrate financial strength and reliability to meet the financial assurance requirement for lease or grant activities?
§ 285.528 - May I use a third-party guaranty to meet the financial assurance requirement for lease or grant activities?
§ 285.529 - Can I use a lease- or grant-specific decommissioning account to meet the financial assurance requirements related to decommissioning?
Financial Assurance Requirements for Commercial Leases
§ 285.515 - What financial assurance must I provide when I obtain my commercial lease?
§ 285.516 - What are the financial assurance requirements for each stage of my commercial lease?
§ 285.517 - How will MMS determine the amounts of the supplemental and decommissioning financial assurance requirements associated with commercial leases?
§§ 285.518--285.519 - [Reserved]
Payments
§ 285.500 - How do I make payments under this part?
§ 285.501 - What deposits must I submit for a competitively issued lease, ROW grant, or RUE grant?
§ 285.502 - What initial payment requirements must I meet to obtain a noncompetitive lease, ROW grant, or RUE grant?
§ 285.503 - What are the rent and operating fee requirements for a commercial lease?
§ 285.504 - How are my payments affected if I develop my lease in phases?
§ 285.505 - What are the rent and operating fee requirements for a limited lease?
§ 285.506 - What operating fees must I pay on a commercial lease?
§ 285.507 - What rent payments must I pay on a project easement?
§ 285.508 - What rent payments must I pay on ROW grants or RUE grants associated with renewable energy projects?
§ 285.509 - Who is responsible for submitting lease or grant payments to MMS?
§ 285.510 - May MMS reduce or waive my lease or grant payments?
§§ 285.511--285.514 - [Reserved]
Financial Assurance for Limited Leases, ROW Grants, and RUE Grants
§ 285.520 - What financial assurance must I provide when I obtain my limited lease, ROW grant, or RUE grant?
§ 285.521 - Do my financial assurance requirements change as activities progress on my limited lease or grant?
§§ 285.522--285.524 - [Reserved]
Revenue Sharing With States
§ 285.540 - How will MMS equitably distribute revenues to States?
§ 285.541 - What is a qualified project for revenue sharing purposes?
§ 285.542 - What makes a State eligible for payment of revenues?
§ 285.543 - Example of how the inverse distance formula works.
Subpart F - Information Requirements
§ 285.600 - What plans and information must I submit to MMS before I conduct activities on my lease or grant?
§ 285.601 - When am I required to submit my plans to MMS?
§§ 285.600--285.601 - [Reserved]
§ 285.602 - What records must I maintain?
Cable and Pipeline Deviations
§ 285.658 - Can my cable or pipeline construction deviate from my approved COP or GAP?
§ 285.659 - What requirements must I include in my SAP, COP, or GAP regarding air quality?
Activities Under an Approved SAP
§ 285.614 - When may I begin conducting activities under my approved SAP?
§ 285.615 - What other reports or notices must I submit to BSEE under my approved SAP?
§ 285.616 - [Reserved]
§ 285.617 - What activities require a revision to my SAP, and when will MMS approve the revision?
§ 285.618 - What must I do upon completion of approved site assessment activities?
§ 285.619 - [Reserved]
§ %C2%A7 285.616-285.630 - 285.616-285.630 [Reserved]
Contents of the Site Assessment Plan
§ 285.610 - What must I include in my SAP?
§ 285.611 - What information must I submit with my SAP to assist MMS in complying with NEPA and other relevant laws?
§ 285.612 - How will my SAP be processed for Federal consistency under the Coastal Zone Management Act?
§ 285.613 - How will MMS process my SAP?
Construction and Operations Plan for Commercial Leases
§ 285.620 - What is a Construction and Operations Plan (COP)?
§ 285.621 - What must I demonstrate in my COP?
§ 285.622 - How do I submit my COP?
§§ 285.623--285.625 - [Reserved]
Contents of the General Activities Plan
§ 285.645 - What must I include in my GAP?
§ 285.646 - What information and certifications must I submit with my GAP to assist MMS in complying with NEPA and other relevant laws?
§ 285.647 - How will my GAP be processed for Federal consistency under the Coastal Zone Management Act?
§ 285.648 - How will MMS process my GAP?
§ 285.649 - [Reserved]
Activities Under an Approved COP
§ 285.631 - When must I initiate activities under an approved COP?
§ 285.632 - What documents must I submit before I may construct and install facilities under my approved COP?
§ 285.633 - How do I comply with my COP?
§ 285.634 - What activities require a revision to my COP, and when will MMS approve the revision?
§ 285.635 - What must I do if I cease activities approved in my COP before the end of my commercial lease?
§ 285.636 - What notices must I provide BSEE following approval of my COP?
§ 285.637 - When may I commence commercial operations on my commercial lease?
§ 285.638 - What must I do upon completion of my commercial operations as approved in my COP or FERC license?
§ 285.639 - [Reserved]
§ %C2%A7 285.634-285.635 - 285.634-285.635 [Reserved]
§§ 285.639--285.649 - [Reserved]
Site Assessment Plan and Information Requirements for Commercial Leases
§ 285.605 - What is a Site Assessment Plan (SAP)?
§ 285.606 - What must I demonstrate in my SAP?
§ 285.607 - How do I submit my SAP?
§§ 285.608--285.609 - [Reserved]
General Activities Plan Requirements for Limited Leases, ROW Grants, and RUE Grants
§ 285.640 - What is a General Activities Plan (GAP)?
§ 285.641 - What must I demonstrate in my GAP?
§ 285.642 - How do I submit my GAP?
§§ 285.643--285.644 - [Reserved]
Activities Under an Approved GAP
§ 285.650 - When may I begin conducting activities under my GAP?
§ 285.651 - When may I construct complex or significant OCS facilities on my limited lease or any facilities on my project easement proposed under my GAP?
§ 285.652 - [Reserved]
§ 285.653 - What other reports or notices must I submit to BSEE under my approved GAP?
§ 285.654 - [Reserved]
§ 285.655 - What activities require a revision to my GAP, and when will MMS approve the revision?
§ 285.656 - What must I do if I cease activities approved in my GAP before the end of my term?
§ 285.657 - What must I do upon completion of approved activities under my GAP?
§ %C2%A7 285.654-285.659 - 285.654-285.659 [Reserved]
Contents of the Construction and Operations Plan
§ 285.626 - What must I include in my COP?
§ 285.627 - What information and certifications must I submit with my COP to assist the MMS in complying with NEPA and other relevant laws?
§ 285.628 - How will MMS process my COP?
§ 285.629 - May I develop my lease in phases?
§ 285.630 - [Reserved]
§§ 285.603--285.604 - [Reserved]
§ %C2%A7 285.603-285.613 - 285.603-285.613 [Reserved]
Subpart G - Facility Design, Fabrication, and Installation
Reports
§ 285.700 - What reports must I submit to BSEE before installing facilities described in my approved SAP, COP, or GAP?
§ 285.701 - What must I include in my Facility Design Report?
§ 285.702 - What must I include in my Fabrication and Installation Report?
§ 285.703 - What reports must I submit for project modifications and repairs?
§ 285.704 - After receiving the FDR, FIR, or project verification reports, what will BSEE do?
Certified Verification Agent
§ 285.705 - When must I use a Certified Verification Agent (CVA)?
§ 285.706 - How do I nominate a CVA for BSEE approval?
§ 285.707 - What are the CVA's primary duties for facility design review?
§ 285.708 - What are the CVA's or project engineer's primary duties for fabrication and installation review?
§ 285.709 - When conducting onsite fabrication inspections, what must the CVA or project engineer verify?
§ 285.710 - When conducting onsite installation inspections, what must the CVA or project engineer do?
§ 285.711 - [Reserved]
§ 285.712 - What are the CVA's or project engineer's reporting requirements?
§ 285.713 - [Reserved]
§ 285.714 - What records relating to FDRs, FIRs, and Project Modification and Repair Reports must I keep?
Subpart H - Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs
§ 285.800 - How must I conduct my activities to comply with safety and environmental requirements?
§ 285.801 - How must I conduct my approved activities to protect marine mammals, threatened and endangered species, and designated critical habitat?
§ 285.802 - What must I do if I discover a potential archaeological resource while conducting my approved activities?
§ 285.803 - How must I conduct my approved activities to protect essential fish habitats identified and described under the Magnuson-Stevens Fishery Conservation and Management Act?
Maintenance and Shutdowns
§ 285.813 - When do I have to report removing equipment from service?
§ 285.814 - [Reserved]
Inspections and Assessments
§ 285.820 - Will BSEE conduct inspections?
§ 285.821 - Will BSEE conduct scheduled and unscheduled inspections?
§ 285.822 - What must I do when BSEE conducts an inspection?
§ 285.823 - Will BSEE reimburse me for my expenses related to inspections?
§ 285.824 - How must I conduct self-inspections?
§ 285.825 - When must I assess my facilities?
§ %C2%A7 285.826-285.829 - 285.826-285.829 [Reserved]
Incident Reporting and Investigation
§ 285.830 - What are my incident reporting requirements?
§ 285.831 - What incidents must I report, and when must I report them?
§ 285.832 - How do I report incidents requiring immediate notification?
§ 285.833 - What are the reporting requirements for incidents requiring written notification?
Equipment Failure and Adverse Environmental Effects
§ 285.815 - What must I do if I have facility damage or an equipment failure?
§ 285.816 - What must I do if environmental or other conditions adversely affect a cable, pipeline, or facility?
§ %C2%A7 285.817-285.819 - 285.817-285.819 [Reserved]
§§ 285.804--285.809 - [Reserved]
Safety Management Systems
§ 285.810 - When must I submit a Safety Management System (SMS) and what must I include in my SMS?
§ 285.811 - Am I required to obtain a certification of my SMS?
§ 285.812 - How must I implement my SMS?
Subpart I - Decommissioning
Decommissioning Report
§ 285.912 - After I remove a facility, cable, or pipeline, what information must I submit?
Compliance With an Approved Decommissioning Application
§ 285.913 - What happens if I fail to comply with my approved decommissioning application?
Decommissioning Obligations and Requirements
§ 285.900 - Who must meet the decommissioning obligations in this subpart?
§ 285.901 - When do I accrue decommissioning obligations?
§ 285.902 - What are the general requirements for decommissioning for facilities authorized under my SAP, COP, or GAP?
§ 285.903 - What are the requirements for decommissioning FERC-licensed hydrokinetic facilities?
§ 285.904 - Can I request a departure from the decommissioning requirements?
Decommissioning Applications
§ 285.905 - When must I submit my decommissioning application?
§ 285.906 - What must my decommissioning application include?
§ 285.907 - How will BSEE process my decommissioning application?
§ 285.908 - What must I include in my decommissioning notice?
Facility Removal
§ 285.909 - When may facilities remain in place following termination of a lease or grant?
§ 285.910 - What must I do when I remove my facility?
§ 285.911 - [Reserved]
Subpart J - Rights of Use and Easement for Energy- and Marine-Related Activities Using Existing OCS Facilities
Decommissioning an Alternate Use RUE
§ 285.1018 - Who is responsible for decommissioning an OCS facility subject to an Alternate Use RUE?
§ 285.1019 - What are the decommissioning requirements for an Alternate Use RUE?
Alternate Use RUE Administration
§ 285.1010 - How long may I conduct activities under an Alternate Use RUE?
§ 285.1011 - What payments are required for an Alternate Use RUE?
§ 285.1012 - What financial assurance is required for an Alternate Use RUE?
§ 285.1013 - Is an Alternate Use RUE assignable?
§ 285.1014 - When will BSEE suspend an Alternate Use RUE?
§ 285.1015 - [Reserved]
§ 285.1016 - When will an Alternate Use RUE be cancelled?
§ 285.1017 - [Reserved]
Requesting an Alternate Use RUE
§ 285.1004 - What must I do before I request an Alternate Use RUE?
§ 285.1005 - How do I request an Alternate Use RUE?
§ 285.1006 - How will MMS decide whether to issue an Alternate Use RUE?
§ 285.1007 - What process will MMS use for competitively offering an Alternate Use RUE?
§§ 285.1008--285.1009 - [Reserved]
Regulated Activities
§ 285.1000 - What activities does this subpart regulate?
§§ 285.1001--285.1003 - [Reserved]
§ %C2%A7 285.1001-285.1013 - 285.1001-285.1013 [Reserved]